Kerala High Court
Ajithakumar K vs State Of Kerala Represented By The ... on 6 February, 2025
WP(C) No.43470/2024 1/5 Order Date : 06-02-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Thursday, the 6th day of February 2025 / 17th Magha, 1946
WP(C) NO. 43470 OF 2024
PETITIONER:
AJITHAKUMAR K, AGED 58 YEARS S/O KUNJUKUTTAN NAIR, KRUMATHIL,
MUNDATHICODE, THRISSUR, KERALA, PIN - 680601
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY LOCAL SELF GOVERNMENT
DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001
2. STATE ELECTION COMMISSION, OFFICE OF THE STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM , PIN - 695033
3. DELIMITATION COMMISSION, OFFICE OF THE STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM , PIN - 695033
4. DISTRICT ELECTION OFFICER, OFFICE OF DISTRICT COLLECTOR,
COLLECTORATE, THRISSUR, PIN - 680003
5. SECRETARY, WADAKKANCHERRY MUNICIPALITY,THRISSUR, PIN - 680623
6. REGISTRAR GENERAL AND CENSUS COMMISSIONER, GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS, NDCC BUILDING-II, JAISINGH ROAD,NEW DELHI,
PIN - 110001
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Ext.P6 notification and Ext. P7
guidelines; and to direct respondents 1, 2, and 3 not to carry out the
delimitation of wards in the 5th respondent municipality, till the
disposal of the writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's Order dated
21/01/2025 and upon hearing the arguments of M/S. P.A.MOHAMMED SHAH, RENOY
VINCENT, SHAHIR SHOWKATH ALI, CHELSON CHEMBARATHY, ABEE SHEJIRIK FASLA
N.K, NANDA SURENDRAN, SAHAL SHAJAHAN, AQUIN KURUVILLA TOM & M.N.MOHAMMED
HUSSAIN, Advocates for the petitioner and SRI. DEEPU LAL MOHAN, STANDING
COUNSEL for R2 to R4, the court passed the following:
WP(C) No.43470/2024 2/5 Order Date : 06-02-2025
ZIYAD RAHMAN A.A., J.
========================
W.P(C) No.46542/ 2024, W.P(C) No.40309/ 2024,
W.P(C) No.42624/ 2024, W.P(C) No.43470/ 2024,
W.P(C) No.46523/ 2024, W.P(C) No.537/ 2025,
W.P(C) No.730/ 2025, W.P(C) No.1381/ 2025
W.P(C) No.1750/ 2025, W.P(C) No.2009/ 2025
W.P(C) No. 3612/ 2025, W.P(C) No.4176/ 2025
&
W.P(C) No.46191/ 2024
========================
Dated this the 6th day of February, 2025
ORDER
In most of these cases, the main challenge raised is against the
Constitutional validity of the Kerala Municipality (Amendment)
Act, 2024 and the Kerala Panchayat Raj (Amendment) Act, 2024.
As per the said amended provisions, the minimum and maximum
numbers of the wards/divisions in the respective Municipalities and
Panchayats are increased and consequently, a delimitation process is
to be carried out. According to the petitioners, it is without
fulfilling the mandate contemplated under Section 6(2) of the
Kerala Municipality Act and the Kerala Panchayat Raj Act.
2. Today when all these matters came up for consideration,
it was brought to the notice of this Court that, a learned Single
Judge of this Court has already disposed of seven writ petitions,
WP(C) No.43470/2024 3/5 Order Date : 06-02-2025
W.P(C) No.46542/ 2024 & conn.cases.
which are numbered as W.P(C) Nos.39894/2024, 39810/2024,
39848/2024, 39939/2024, 39989/2024, 40460/2024 and 40592/202,
wherein this issue was considered. As against the judgment
rendered by the learned Single Judge in the said writ petitions, writ
appeals, numbered as W.A.Nos.194/2025, 198/2025, 199/2025,
201/2025, 202/2025, 203/2025 and 204/2025 are filed by the State
and the same are now pending before a Division Bench of this
Court. It is pointed out by the learned Counsels appearing for all
the parties that, the issue involved in these writ petitions are
substantially the same, which is being considered by the Division
Bench of this Court. Therefore, it was pointed out that all these
matters may be posted together before the Division Bench for
effective disposal of the same.
3. After going through the records available before me,
I am of the opinion that, the issues in these matters are substantially
similar to that of those pending before the Division Bench and
therefore, it is only proper that all these matters are heard together
by the Division Bench. Besides, the issues involved are also
matters of public importance and hence an authoritative
WP(C) No.43470/2024 4/5 Order Date : 06-02-2025
W.P(C) No.46542/ 2024 & conn.cases.
pronouncement on the questions by a Division Bench may be
desirable.
In such circumstances, the Registry is directed to post these
matters before the Honourable Chief Justice, for appropriate
decision in this regard. The matter may be placed immediately,
taking note of the urgency in the matter, as the appeals are listed
before the Division Bench on 12.02.2025. Even though in W.P(C)
No.40309/2024, there is no challenge against the Amendment Act,
a decision taken in the writ appeals will have an impact on the issue
to be decided in that case as well. Therefore, that matter may also be
placed along with the other writ petitions.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
WP(C) No.43470/2024 5/5 Order Date : 06-02-2025
APPENDIX OF WP(C) 43470/2024
Exhibit P1 A TRUE COPY OF THE G.O. (MS) NO. 153/2015/LSGD DATED
30.04.2015
Exhibit P2 A TRUE COPY OF THE GUIDELINES DATED 18.04.2015 ISSUED
BY 3RD RESPONDENT DELIMITATION COMMISSION
Exhibit P3 THE TRUE COPY OF THE ORDER NO. SDC 238/2015 DATED
07.09.2015 WITH RESPECT TO THE 5TH RESPONDENT
MUNICIPALITY, FIXING THE NUMBER OF WARDS AS 41
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 23.06.2020 PASSED IN
WP(C) NO. 6514/2020 AND CONNECTED CASES
Exhibit P5 A TRUE COPY OF THE KERALA MUNICIPALITY (AMENDMENT) ACT,
2024 PASSED ON 09.07.2024
Exhibit P6 A TRUE COPY OF THE NOTIFICATION NO. 813/2024 DATED
10.09.2024
Exhibit P7 A TRUE COPY OF THE GUIDELINES DATED 24.09.2024 ISSUED
BY THE 3RD RESPONDENT
